Veto Message to the House of Representatives

To the House of Representatives:

I return herewith, without approval, House bill No. 321, entitled "An act for the relief of the legal representative of Samuel Tewksbury, deceased."

This bill provides for the payment to the legal representative of Samuel Tewksbury, late of Scranton, Allegheny County, Pa., the sum of $5,697 in full compensation for the use and occupation by the United States Government of the brick building and premises owned by him in the city of Scranton, Pa., as a depot or barracks for United States troops by the Provost Marshal of the United States from June, 1862, to June, 1865, inclusive.

The records of the War Department show that about April 26, 1865, Col. J.G. Johnson, Chief Quartermaster, forwarded to the office of the Quartermaster-General a claim of Samuel Tewksbury for use of a building at Scranton, Pa., from February 24, 1864, to February 3, 1865, Stated at $1,133.33, and damage to said building at $1,400, total $2,533.33.

In forwarding these papers Colonel Johnson states as follows:

In the spring of 1864 Mr. Samuel Tewksbury presented to me through his agents a claim against the United States Government for use of the premises mentioned in the enclosed account accompanying the papers.

I learn from Mr. S.N. Bradford, Provost Marshal of the Twelfth District of Pennsylvania at Scranton, that lodgings were furnished to persons in military service at that place by Gardiner and Atkinson under a contract with the Provost Marshal, also that the contractors rented the building used for the above purpose from Mr. Tewksbury.

Considering it a matter entirely between that gentleman and his tenants, Messrs. Gardiner and Atkinson, I at that time refused to take any action in the matter whatever.

The claim was again submitted to the office of the Quartermaster-General on September 30, 1865, by Major W.B. Lane, and was returned on May 1, 1866, with the information that the United States had already paid for lodging of the troops under the control of the Provost Marshal at Scranton, Pa., during the time for which charge for rent is made.

The claimant was referred to the officer or person by whom the building was taken for compensation for its use. No other record of this case is found in the War Department, although it will be observed that the bill covers a period from June, 1862, to June, 1865, inclusive, while the claim as originally presented to the War Department was for occupancy of the building at Scranton, Pa., from February 24, 1864, to February 3, 1865.

It thus appears that when this claim was originally presented it was examined by the proper representative of the Government, and was rejected; that no such use and occupation as the United States Government had of claimant's building was under a contract between the Government and the tenants of claimant, and that payment therefor was duly made by the Government. Now after a lapse of some thirty-seven years the period of use and occupation covered by the claim has increased threefold, and the compensation asked therefor has more than doubled. Under the circumstances of this case I do not feel at liberty to approve the bill.

WILLIAM McKINLEY